alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.5

            


            FIRST AMENDMENT TO


            DYNEGY INC. RESTORATION PENSION PLAN


             


            WHEREAS, Dynegy Inc. (the “Company”) has adopted the Dynegy Inc. Restoration Pension Plan (the “Plan”);


             


            WHEREAS, there was an inadvertent reference in the Plan’s definition of “Base Compensation”; and


             


            WHEREAS, the Company desires to amend the Plan to clarify the definition of “Base Compensation” to reflect more clearly the Company’s intended Plan design;


             


            NOW THEREFORE, the Plan shall be amended as follows, effective as of June 1, 2008:


             


            1.     The reference to “PRB” in the definition of “Base Compensation” at Section 2.6 of the Plan shall be deleted.


             


            2.         Capitalized terms used but not defined herein shall have the meanings attributed to such terms in the Plan.


             


            
                	
                             

                        	
                            3.

                        	
                            As amended hereby, the Plan is specifically ratified and reaffirmed.

                        


            


             


            IN WITNESS WHEREOF, the undersigned has caused these presents to be executed this 28th day of May 2008.


             


            
                	
                             

                        	
                            DYNEGY INC.

                        


            


             


            
                	
                             

                        	
                            By:

                        	
                                 /s/ Juluis Cox                      

                        


            


            Julius Cox,


            Chairman of Benefit Plans Committee and VP of HR
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Data Access        August 11, 2016        Kansas Flood Map
IV 

113TH CONGRESS 

2D SESSION H. RES. 486 

Supporting the goals and ideals of International Mother Language Day in 

bringing attention to the importance of preserving linguistic and cultural 

heritage through education. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 21, 2014 

Ms. MENG submitted the following resolution; which was referred to the 

Committee on Oversight and Government Reform 

RESOLUTION 

Supporting the goals and ideals of International Mother Language Day in bringing attention to the importance of 

preserving linguistic and cultural heritage through education. 

Whereas the United Nations Educational, Scientific, and Cultural Organization (UNESCO) established International 

Mother Language Day on November 17, 1999, to promote linguistic diversity and multilingualism; 

Whereas the annual International Mother Language Day 

celebration date, February 21, was chosen to commemorate the day in 1952 in Bangladesh where students died 

demonstrating for recognition of Bengali as a national 

language of Pakistan; 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HRES 486 IH 

Whereas UNESCO establishes a different theme for the annual celebration of International Mother Language Day 

each year, promoting various aspects of linguistic education; 

Whereas according to the UNESCO Atlas of the World’s 

Languages in Danger, out of the over 6,000 existing languages in the world, more than 200 have become extinct 

during the last three generations, and 2,279 other languages are classified as ‘‘endangered’’; 

Whereas the United States Census Bureau has identified at 

least 381 languages spoken in the United States, 169 of 

which are distinct Native American languages; 

Whereas according to the UNESCO Atlas of the World’s 

Languages in Danger, 145 languages in the United 

States are classified as ‘‘endangered’’; and 

Whereas the United States enjoys a rich and diverse cultural 

heritage and preserving existing languages is an essential 

piece to preserving this heritage: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) supports the goals and ideals of Inter3 national Mother Language Day; and 

4 (2) encourages the people of the United States 

5 to observe International Mother Language Day with 

6 appropriate ceremonies, programs, and activities. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
Steven Elliot MURRAY, DOC #R51831, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-74

District Court of Appeal of Florida, Second District.

Opinion filed November 30, 2018

Howard L. Dimmig, II, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.

PER CURIAM.

Affirmed.

NORTHCUTT, SLEET, and ATKINSON, JJ., Concur.
CERTIFICATIONS PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002





I, Kevin Bales, Chief Financial Officer of Radius Gold Inc. (the Company) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.

This Annual Report on Form 20-F of the Company for the period ended December 31, 2009, as filed with the Securities and Exchange Commission (the report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



2.

The information contained in the report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Date: June 30, 2010





/s/ Kevin Bales



Chief Financial Officer













#
STATE of Louisiana v. Phillip Orlando JOHNSON

No. 2017-KP-2135

Supreme Court of Louisiana.

January 8, 2019

**ON SUPERVISORY WRITS TO THE FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO**

PER CURIAM:

Denied. Relator fails to show that he received ineffective assistance of counsel under the standard of *Strickland v. Washington* , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, *see*28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.
Thomas E. GRAHAM, Jr., Stanley G. Tate and Anamarie Kelly Stoppa, Appellants, v. FLAMINGO WAY ENTERPRISES, LLC, et al., Appellees.

Nos. 3D17-1753 & 3D17-2505

District Court of Appeal of Florida, Third District.

Opinion filed December 5, 2018

ADR Miami, LLC, and Juan Ramirez, Jr., Miami, for appellants.

Bercow Radell Fernandez & Larkin, PLLC, and Thomas H. Robertson ; Gunster, and Angel A. Cortiñas and Jonathan H. Kaskel, Miami, for appellees.

Before LAGOA, SCALES and LINDSEY, JJ.

PER CURIAM.

In these consolidated appeals, appellants Stanley G. Tate and Anamarie Kelly Stoppa (case number 3D17-1753) and appellant Thomas Graham (case number 3D17-2505) each appeal separate orders of the trial court denying their respective motions seeking to vacate a September 15, 2016 final judgment entered by the trial court. This final judgment authorized a statutory trustee of a dissolved corporation to execute documents associated with the transfer of property from the dissolved corporation to appellee Flamingo Way Enterprises, LLC.

We affirm the order in case number 3D17-1753 because the trial court correctly concluded that appellants Tate and Stoppa lacked standing to challenge the final judgment. We reverse the order as to appellant Graham, however, and remand to the trial court to conduct an evidentiary hearing on Graham's September 14, 2017 rule 1.540(b)(3) motion and appellee's response in opposition to same. *Rusniaczek v. Tableau Fine Art Grp., Inc.*, 139 So.3d 355, 337 (Fla. 3d DCA 2014).1

Affirmed in part; reversed in part and remanded.

1

We express no opinion as to the merits of Graham's claim that the September 15, 2016 final judgment was the result of fraud, nor do we express an opinion regarding any of appellee's defenses asserted to Graham's claim.
| Subsidiary                                                                    |   |                   |   | Percentage        |   |
|-------------------------------------------------------------------------------|--------|------------------------|--------|-------------------|--------|
|                                                                     |   |              |   | of Ownership |   |
|                                                                          |   |                   |   |              |   |
| General Steel Investment Co., Ltd.                                            |   | British Virgin Islands |   |              | 100.0  | % |
|                                                                          |   |                   |   |              |   |   |
| General Steel (China) Co., Ltd. (aka Daqiuzhuang Metal)                       |   | P.R.C.                 |   |              | 100.0  | % |
|                                                                          |   |                   |   |              |   |   |
| Baotou Steel – General Steel Special Steel Pipe Joint Venture Co., Ltd. |   | P.R.C.                 |   |              | 80.0   | % |
|                                                                          |   |                   |   |              |   |   |
| Yangpu Shengtong Investment Co., Ltd.                                         |   | P.R.C.                 |   |              | 99.1   | % |
|                                                                          |   |                   |   |              |   |   |
| Tianwu General Steel Material Trading Co., Ltd                                |   | P.R.C.                 |   |              | 60.0   | % |
|                                                                          |   |                   |   |              |   |   |
| Qiu Steel Investment Co., Ltd.                                                |   | P.R.C.                 |   |              | 98.7   | % |
|                                                                          |   |                   |   |              |   |   |
| Shaanxi Longmen Iron and Steel Co. Ltd.                                       |   | P.R.C.                 |   |              | 60.0   | % |
|                                                                          |   |                   |   |              |   |   |
| Maoming Hengda Steel Group Co., Ltd.                                          |   | P.R.C.                 |   |              | 99.0   | % |

----
Nicholas BRICE, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-36

District Court of Appeal of Florida, Second District.

Opinion filed December 19, 2018

Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed.

LaROSE, C.J., and VILLANTI and SLEET, JJ., Concur.
Exhibit 31.3







CERTIFICATION PURSUANT TO 18 U.S.C. §1350, AS ADOPTED PURSUANT TO




SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




In connection with this Annual Report of Seabridge Gold Inc. (the "Company") on Form 40-F for the period ended December 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Annual Report”), I, Rudi P. Fronk, Chief Executive Officer of the Company, certify, pursuant to U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:




(1)
The Annual Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and




(2)
The information contained in this Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date: March 30, 2012
By:
/s/ Rudi P. FronkRudi P. FronkChief Executive Officer




This certification accompanies the Annual Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and may not be used or relied upon for any other purpose including Section 18 of the Securities Exchange Act of 1934.




A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
UNITED SERVICES AUTOMOBILE ASSOCIATION, et al., Appellant/Petitioner(s), v. BAY AREA INJURY REHAB SPECIALISTS HOLDINGS, INC., Appellee/Respondent(s).

CASE NO.: 2D18-1294

District Court of Appeal of Florida, Second District.

November 20, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Solomon BIFORD, Appellant, v. STATE of Florida, Appellee.

No. 1D17-4000

District Court of Appeal of Florida, First District.

December 14, 2018

Candice K. Brower, Criminal Conflict and Civil Regional Counsel, and Melissa J. Ford, Assistant Conflict Counsel, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Jason W. Rodriguez, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

AFFIRMED.

Wolf, Lewis, and Wetherell, JJ., concur.
Montre D. RICHARDSON, Appellant, v. STATE of Florida, Appellee.

No. 1D17-2156

District Court of Appeal of Florida, First District.

October 18, 2018

Montre D. Richardson, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Jason W. Rodriguez, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

We are constrained to reverse on procedural grounds the trial court's order denying Appellant's postconviction motion under Florida Rule of Criminal Procedure 3.850. In a previous appeal, Appellant successfully argued that the trial court must attach to its order record excerpts conclusively refuting Appellant's claims. *See* *Richardson v. State* , 215 So.3d 1287 (Fla. 1st DCA 2017). Our opinion issued on April 28, 2017. Very promptly, on May 3, 2017, the trial court complied with our decision and re-entered the order denying Appellant's rule 3.850 motion, this time properly attaching records to support the denial. However, our mandate in the previous postconviction appeal did not issue until May 24, 2017.

An appellate court's mandate is the procedural vehicle by which jurisdiction transfers back to the trial court. *Mathis v. State,* 963 So.2d 299 (Fla. 1st DCA 2007). Until issuance of our mandate, the trial court lacked jurisdiction to enter an order complying with our directions. Accordingly, while we applaud the trial court's efficient compliance with our decision, and are loathe to "punish efficiency," we must reverse the order because it was entered when the trial court did not have jurisdiction. *See* *Leatherwood v. State* , 168 So.3d 328, 330 (Fla. 3d DCA 2015) (noting the court's reluctance to punish efficiency); *Scott v. State* , 156 So.3d 9, 10 (Fla. 5th DCA 2014). Under these circumstances, we reverse and remand for re-entry of the order with record attachments-after our mandate has issued. *See* Fla. R. App. P. 9.340(a) (defining "mandate" and setting forth procedures).

REVERSED and REMANDED .

B.L. Thomas, C.J., and Kelsey and Winokur, JJ., concur.
Felicia Denise LEWIS a/k/a Felicia Jones, Appellant/Petitioner(s), v. PHOENIX LOAN RESOLUTION, LLC, Appellee/Respondent(s).

CASE NO.: 2D18-4508

District Court of Appeal of Florida, Second District.

December 06, 2018

BY ORDER OF THE COURT:

This appeal is dismissed for failure of the appellant to comply with this court's November 14, 2018, order to show cause.

LaROSE, C.J., and CASANUEVA and BADALAMENTI, JJ., Concur.
Fourth Court of Appeals

San Antonio, Texas

July 29, 2014

No. 04-14-00446-CV

John THOMAS,

Appellant

v.

Cynthia THOMAS,

Appellee

From the County Court at Law, Kerr County, Texas

Trial Court No. 14-45C

Honorable Robert R. Barton, Judge Presiding

O R D E R

Appellant's motion for extension of time to file brief is hereby GRANTED. Time is 

extended to August 10, 2014.

_________________________________

Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 29th day of July, 2014.

___________________________________

Keith E. Hottle

Clerk of Court
CERTIFICATION PURSUANT TO
                  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)

I,  Kevin  Ryan,  Chief  Executive  Officer  of  the  registrant,  certify that:

1.  I  have  reviewed  this quarterly report on Form 10-QSB of Xtreme Companies,
Inc.;

2.  Based  on  my  knowledge,  this quarterly report does not contain any untrue
statement  of a material fact or omit to state a material fact necessary to make
the  statements  made, in light of the circumstances under which such statements
were  made,  not misleading with respect to the period covered by this quarterly
report;

3.  Based  on  my  knowledge,  the  financial  statements,  and  other financial
information  included  in  this quarterly report, fairly present in all material
respects  the  financial  condition, results of operations and cash flows of the
registrant  as  of,  and  for,  the  periods presented in this quarterly report;

4.  The  registrant's  other  certifying  officers  and  I  are  responsible for
establishing  and  maintaining disclosure controls and procedures (as defined in
Exchange  Act  Rules  13a-15(e)  and  15d-15(e)  for  the  registrant  and have:

a.  designed  such disclosure controls and procedures, or caused such disclosure
controls  and  procedures  to  be designed under our supervision, to ensure that
material  information  relating  to  the  registrant, including its consolidated
subsidiaries,  is made known to us by others within those entities, particularly
during  the  period  in  which  this  quarterly  report  is  being  prepared;

b.  evaluated  the  effectiveness  of  the  registrant's disclosure controls and
procedures  and presented in this report our conclusions about the effectiveness
of  the  disclosure controls and procedures, as of the end of the period covered
by  this  report  based  on  such  evaluation;  and

c. Disclosed in this report any change in the registrant's internal control over
financial  reporting  that  occurred  during the registrant's most recent fiscal
quarter (the registrant's fourth fiscal quarter in the case of an annual report)
that  has materially affected, or is reasonably likely to materially affect, the
registrant's  internal  control  over  financial  reporting;  and

5. The registrant's other certifying officers and I have disclosed, based on our
most  recent  evaluation  of  internal  control over financial reporting, to the
registrant's auditors and the audit committee of registrant's board of directors
(or  persons  performing  the  equivalent  functions):

a.  all  significant  deficiencies  and  material  weaknesses  in  the design or
operation  of  internal  control which are reasonably likely to adversely affect
the  registrant's  ability  to  record,  process, summarize and report financial
information;  and

b.  any  fraud,  whether  or  not  material,  that  involves management or other
employees  who have a significant role in the registrant's internal control over
financial  reporting.

Date:  May  24,  2004


/s/  Kevin  Ryan
----------------------------
Kevin  Ryan
Chief  Executive  Officer
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